CNM v Commissioner of Victims Rights [2016] NSWCATAD 193

CNM v Commissioner of Victims Rights [2016] NSWCATAD 193

CNM was found to be the primary victim of an act of violence and suffered grievous bodily harm. While CNM failed to provide reasonable assistance to police, this did not justify refusing support but warranted a 10% reduction in the recognition payment. The decision of the Senior Assessor was set aside and substituted with an order for a Category C recognition payment of $4,500.

Jurisdiction
Australia
Judgment Date
24 August 2016
Procedural Posture
Administrative Review / Administrative and Equal Opportunity Division, Final Decision After Oral and Written Submissions
Outcome
Decision of Senior Assessor set aside. Tribunal substitutes a decision granting CNM a Category C recognition payment of $4,500.
Legal Topics
['victims Rights and Support' 'recognition Payment' 'internal Review' 'reasonable Assistance to Police' 'reduction of Payment']
['administrative Law' 'victims Compensation'] ['victims Rights and Support' 'recognition Payment' 'internal Review' 'reasonable Assistance to Police' 'reduction of Payment']

Case Brief

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Procedural Posture

Administrative Review / Administrative and Equal Opportunity Division, Final Decision After Oral and Written Submissions

Legal Issues

  1. 1 ['Whether CNM was the primary victim of an act of violence resulting in injury' 'Whether CNM provided reasonable assistance to police under s 44(1)(e) of the Victims Rights and Support Act 2013' 'Whether a recognition payment should be reduced']

Ratio Decidendi

CNM was found to be the primary victim of an act of violence and suffered grievous bodily harm. While CNM failed to provide reasonable assistance to police, this did not justify refusing support but warranted a 10% reduction in the recognition payment. The decision of the Senior Assessor was set aside and substituted with an order for a Category C recognition payment of $4,500.

Court Disposition

Decision of Senior Assessor set aside. Tribunal substitutes a decision granting CNM a Category C recognition payment of $4,500.

Orders

  • ['The decision of the Senior Assessor dated 14 August 2014 is set aside.' 'CNM is given a Category C recognition payment of $4,500.']